At the commencement of the mediation session, all mediation parties and other participants shall be requested to sign the following IMG Mediation Confidentiality Agreement:

IMG Mediation Confidentiality Agreement

The undersigned parties are attempting to resolve a dispute through the use of mediation with the assistance of IMG mediators.

The parties understand that the mediator(s) is acting exclusively in a neutral capacity, is not acting as an advocate for any party to the mediation and that representations by the mediator(s) are neither intended by the mediator(s), nor shall they be construed by the parties, as legal advice of any kind.

The parties further understand that they are free to consult with legal counsel of their own choice at any time, should they decide to do so.

In order to promote communication and to facilitate the mediation process, the parties and participants agree that all statements, conduct, admissions, promises, offers, views or opinions, whether oral or written, made during the mediation or during the convening of the mediation, by any party or party’s agent, employee, or attorney, are confidential, are privileged settlement discussions made without prejudice to any party’s legal position and, where appropriate, shall be considered privileged work product. Furthermore, any statements, conduct, admissions, promises, offer, views or opinions, whether oral or written, made during the convening of the mediation and/or during the course of the mediation itself by any party or a party’s agent, employee, or attorney, are neither admissible nor subject to discovery for any purpose in any legal, adjudicative or administrative proceeding.

This agreement of confidentiality extends to all information disclosed during the convening of the mediation and/or during the course of the mediation itself, including but not limited to all statements made by all mediation participants (the mediator(s), parties, their attorneys or other representatives, witnesses, advocates, support persons, observers etc.)

Specifically, and without limiting the foregoing, the parties and all other participants agree that they will not seek or will they encourage or permit another party or participant to seek to compel the mediator to disclose any such confidential information in any legal, adjudicative or administrative proceeding, or in discovery, or otherwise.

The parties further agree that they may not introduce into evidence, or use for any other purpose whatsoever, any statements made by the mediator, whether written or oral. The parties further agree that all disclosures made during the convening of the mediation and/or the course of the mediation are conditioned upon this promise and agreement of confidentiality. The parties further agree that the provisions of all state and federal rules protecting disclosures made during settlement negotiations or mediations from later discovery or use in evidence shall apply to any mediation conducted hereunder.

The parties and participants further agree that a breach of this agreement shall cause irreparable injury and that monetary damages shall not be an inadequate remedy since the parties are relying on this promise of confidentiality insofar as choosing to disclose sensitive or private business or personal information during the mediation. The parties therefore agree and stipulate that any party or participant to this agreement may obtain an injunction, a protective order or other appropriate relief to prevent disclosure of any of the aforementioned information in violation of this mediation confidentiality agreement.

If any party or participant breaches this agreement, that party or participant shall be liable to the other (party, participant and/or mediator) for all costs, expenses and fees, including attorney’s fees and the reasonable value of the other’s (party, participant’s or mediator) time in representing himself, herself or itself, incurred as a result of this breach, and further, said breaching party or participant shall indemnify the other (party, participant and/or mediator) for the same.

Dated: ____________________

Signed before the commencement of the mediation by each of the persons whose signatures appear hereunder:

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